Section 41 & Fair Trial

Section 41 of Youth Justice and Criminal Evidence and Fair Trial



Section 41 of Youth Justice and Criminal Evidence and Fair Trial

Introduction

The modern legal system is based on evidence. A person who is alleged to commit the crime cannot be send behind the bars until there are strong evidences against him/her. “A person is innocent until proven guilty” can help to understand the significance and importance of the evidences. There are many instances where the perpetrator escaped the legal sanctions and punishments when the court finds insignificant evidence against the perpetrator. The evidences are distorted and witness is threatened to face dire consequences if he/she gives testimony in the court's premises.

In most of the cases, the legal standing of the cases is dependent on the explanation of eye witnesses. Though there are other scientific developments which assist the process of evidence collection but they are vulnerable to misinterpretation or misrepresentation. Ultimately, the legal standing of the decisions becomes dependent on the testimony of the witnesses. But the testimony of the witnesses is to some extent is brought to the desired result of the perpetrators by threatening the witness of dire consequences. A witness is not directly implicated in the case and therefore finds it irrational to risk his/her life for other people. Though it is the moral and legal duty of the witness to support the truth by testifying correctly about the truth, but the cost of speaking in the case of threats is very high. This tendency results in the change of opinion of the witness.

To make the life of witnesses secure and to free him/her from all kind of stress emanating from the legal trial process, there are many important pieces of laws. These laws are aimed to provide all sort of protection which witness may face while testifying before the judge. These laws also make the process of witnessing more comfortable for the witness so that witness may not feel any stress and tension. The Youth Justice and Criminal Evidence Act (YJCEA) 1999 is the similar law which ensures the safety and protection of the witness. Though the law was intended to assist the process of free trail and safety of the witness, but there are some instances where one can misuse or manipulate the mentioned acts. Some scholars and legal experts are of the opinion that the act has some potent potential to interfere the process of free trail.

In this research report, first we a little overview of Youth Justice and Criminal Evidence Act of 1999 and then we will define the section 41 of the mentioned act. In the end much focus will be paid on the exploration of YJCEA and its clause that how they are interfering the process fair trial.

Discussion

Overview of Youth Justice and Criminal Evidence Act 1999

The objective of the act is to assist the intimidated and vulnerable witnesses so that they may give the evidences in safe and tension free environment in criminal ...